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(영문) 인천지방법원 2014.12.23 2014가단55108
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 1, 2012, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff, setting the lease term of KRW 686.5 square meters (hereinafter “instant health house”) from September 1, 2012 to August 31, 2014, between the Plaintiff and the Nam-gu, Incheon (hereinafter “instant health house”) as the lease term of KRW 50 million from September 1, 2012 to August 31, 2014, and KRW 4 million from the rent month (excluding value added tax).

B. On November 13, 2012, the Defendant filed a compromise prior to the Plaintiff’s filing of a lawsuit on the Plaintiff’s obligation to deliver the instant health care room, which occurred after the termination of the instant lease agreement, on January 21, 2013, and prepared a protocol of compromise (in Incheon District Court 2012No. 390; hereinafter “instant protocol of compromise”) with the Plaintiff, stating that “The Plaintiff shall deliver the instant health care room to the Defendant on August 31, 2014.”

C. Meanwhile, the term of existence of the instant lease agreement (the certificate No. 2, No. 2, No. 1) shall be extended to one year under the same conditions as the instant lease agreement in cases where no separate opinion is expressed in writing from either of the parties at least one month before the expiration of the term of lease (Article 32), and the term of the contract shall be two years, and five years shall be guaranteed.

(Paragraph 1) of the special agreement is written.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 5, 10 (including virtual number), Eul evidence 1 to 3, the purport of the whole pleadings

2. The plaintiff's assertion that the lease contract of this case is renewed in accordance with Article 32 of the lease contract and Paragraph (1) of the special agreement, so compulsory execution based on the protocol of compromise of this case shall be dismissed.

3. If it appears that the contract renewal was made pursuant to Article 32 of the instant lease agreement, the original defendant does not express any other intent by July 30, 2014, one month prior to the expiration of the lease term. However, the purport of the entire pleadings is as follows: Gap evidence 4, Eul evidence 4 and 7, and part of testimony of witness C and D.

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